Kenya

The International Crimes Act 2008

PART III—GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

20. (1) This Part shall apply to a request by the ICC

for assistance that is made under—
(a) Part 9 of the Rome Statute, in relation to—
(i) the provisional arrest, the arrest, and the surrender to the ICC of a person in relation to whom the ICC has issued an arrest warrant or given a judgment of conviction;
(ii) the identification and whereabouts of persons or the location of items;
(iii) the taking of evidence, including testimony under oath, and the production of evidence, expert opinions, and reports necessary to the
ICC;
(iv) the questioning of any person being investigated or prosecuted;
(v) the service of documents, including judicial documents;
(vi) facilitating the voluntary appearance of persons as witnesses or experts before the
ICC;
(vii) the temporary transfer of prisoners;
(viii) the examination of places or sites, including the exhumation and examination of grave sites;
(ix) the execution of searches and seizures;
(x) the provision of records and documents, including official records and documents;
(xi) the protection of victims and witnesses and the preservation of evidence;
(xii) the identification, tracing and freezing, or seizure of proceeds, property and assets, and

instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; or
(xiii) any other type of assistance that is not prohibited by the law of Kenya, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the ICC; or
(b) any of the following provisions of the Rome Statute—
(i) paragraph 8 of article 19 (which relates to various steps that the Prosecutor may take with the authority of the ICC);
(ii) article 56 (which relates to various measures that can be taken by the Pre-Trial Chamber);
(iii) article 64 (which relates to various measures that can be taken by the Trial Chamber);
(iv) article 76 (which relates to the imposition of sentence by the Trial Chamber);
(v) article 109 (which relates to the enforcement of fines and forfeiture measures).

(2) Nothing in this section—
(a) limits the type of assistance that the ICC may request under the Rome Statute or the ICC Rules (whether in relation to the provision of information or otherwise); or
(b) prevents the provision of assistance to the ICC otherwise than under this Act, including assistance of an informal nature.

Keywords

Cooperation of State



EDIT.